On 12/10/12 17:18, jevon wrote: > Is the contract based on NZ or Australia law? > Good question.
She was a long term client for 3+ years. The previous project I did with her had a contract based in NZ law. With the combination of earthquakes, family members passing away etc. I wasn't on the ball and flowed into the next projects with only a scope of work and an invoice for 10 hours pre-paid which clearly noted that additional hours would be charged at the standard rate. So as such there is no set contract for this work which is my bad. I'd never had a problem with her before so I wasn't expecting an issue. She continually came back to me requesting more work across several projects which I completed and then lost the plot when I sent her the invoice and she lost the plot. Somehow in her mind she'd forgotten that we were working on a fixed price basis. I pointed out that she was thinking of the previous project. She disagreed so I sent her all the emails, the invoice etc and invited her to provide a copy of the fixed price agreement she thought we had. It didn't exist so of course she couldn't produce it so started into a spiral of denial, blame, deceit etc. I haven't heard from her since. So to answer your question: * no actual contract for the outstanding work - simply an invoice stating work will be charged on an hourly basis ongoing billed in AUD. * The previous contract stated NZ law. * I have emails from her agreeing that I did complete the detailed breakdown of work that I sent her at her request and another one stating she agreed to pay about 40% (which she didn't). I suspect these would give me an advantage if it is possible to make a claim in Australia. My thinking is that if I can make a claim in Sydney then she gets sent the letter from the court and has to reply within 28 days or default, so it forces her into taking some sort of action and thinking about resolving it. On Monday I'll call the NSW LawLink helpline and ask directly if it possible to file a small claims case from another Commonwealth and if I can do it all from NZ (or need a representative in NSW). Still very interested in any thoughts anyone has to share. I'll most likely still walk away from it -- NZ PHP Users Group: http://groups.google.com/group/nzphpug To post, send email to [email protected] To unsubscribe, send email to [email protected]
